Complaints about officers conduct & the Commissioner and Deputy Commissioner
Freedom of information request reference no: 01.FOI.24.035251
I note you seek access to the following information:
It is my understanding that when a complaint about the conduct of an officer or officers is received of a serious nature that would warrant consideration of their suspension from active duties during the course of the complaints investigation and any resulting disciplinary action that the decision whether or not to suspend the Officer is taken by a senior officer on a case by case basis.
Firstly is this correct - please confirm? If not please confirm the relevant procedure applicable in this situation.
Where the complaint is about the Commissioner of the Metropolitan Police Force, where they are obviously the most senior officer within the force, what procedure applies? specifically - who takes the decision whether to suspend the Commissioner from duty or not?
Where a complaint relates to the conduct of the Deputy Commissioner of the Metropolitan Police Force, what procedure applies, and who specifically makes the decision whether to suspend them from duty or not if the Commissioner is also the subject of the same misconduct complaint?
When a complaint about an officer or officers has been made, where the complainant has an expectation that the officer or officers will be suspended from duty during the investigation of the complaint, and it appears the officers are thereafter not suspended from duty, what mechanism exists to for the complainant to obtain details of the process undertaken in terms of the decision whether or not to suspend the officer or officers from duty, and specifically who made the decision in each case and the reasons for the decision taken in order to provide proper oversight and review of the procedure against corruption.
What if any procedure exists to allow a complainant to challenge a decision not to suspend an officer while a complaint is investigated?
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
Q1 - It is my understanding that when a complaint about the conduct of an officer or officers is received of a serious nature that would warrant consideration of their suspension from active duties during the course of the complaints investigation and any resulting disciplinary action that the decision whether or not to suspend the Officer is taken by a senior officer on a case by case basis.
Firstly is this correct - please confirm? If not please confirm the relevant procedure applicable in this situation.
For constables up to but not including deputy Commissioner or Commissioner it is a minimum rank of Commander, unless the officer is of the same or higher rank than the commander decision maker, then it would befall to an officer of at least one rank above the officer to be suspended.
Q2 - Where the complaint is about the Commissioner of the Metropolitan Police Force, where they are obviously the most senior officer within the force, what procedure applies? specifically - who takes the decision whether to suspend the Commissioner from duty or not?
Q3 - Where a complaint relates to the conduct of the Deputy Commissioner of the Metropolitan Police Force, what procedure applies, and who specifically makes the decision whether to suspend them from duty or not if the Commissioner is also the subject of the same misconduct complaint?
For the Deputy Commissioner and Commissioner it would be the Police & Crime Commissioner and acting with the authority for the Secretary of State.
Q4 - When a complaint about an officer or officers has been made, where the complainant has an expectation that the officer or officers will be suspended from duty during the investigation of the complaint, and it appears the officers are thereafter not suspended from duty, what mechanism exists to for the complainant to obtain details of the process undertaken in terms of the decision whether or not to suspend the officer or officers from duty, and specifically who made the decision in each case and the reasons for the decision taken in order to provide proper oversight and review of the procedure against corruption.
What if any procedure exists to allow a complainant to challenge a decision not to suspend an officer while a complaint is investigated?
There is no process for a complainant to challenge a decision made whether or not to suspend an officer nor is there a process which allows a complainant to obtain documentation detailing how an officer made the decision to suspend or not. Decisions made whether to suspend or not are made in line with regulation and guidelines.
In order to assist you please see the below links which I hope you find to be of interest:
Police Conduct Regulations 2020
Police (Complaints and Misconduct) Regulations 2020
Home Office Guidance Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards,Performance and Integrity in Policing
IOPC Statutory Guidance
Police Reform Act